,,ii #aafth ,,congress #ast ,session ,s4 #baa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #bd1 #bjai,mr4 ,hoeven 7for himself1 ,mr4 ,udall1 ,mr4 ,barrasso1 ,mr4 ,daines1 ,ms4 ,cortez ,masto1 ,mr4 ,tester1 ,ms4 ,smith1 and ,ms4 ,murkowski7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend the ,victims of ,crime ,act of #aihd to secure urgent resources vital to ,indian victims of crime1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing ,urgent ,resources ,vital to ,indian ,victim ,empowerment ,act or the ,,survive ,act4 #b4 ,indian victims of crime 7a7 ,grant program for ,indian crime victim services ,the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja et seq47 is amended by inserting after section #adjd;,f the following3 #adjd;,g4 ,grant program for ,indian crime victim services 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,indian ,affairs of the ,senate2 7,b7 the ,subcommittee on ,indian1 ,insular and ,alaska ,native ,affairs of the ,committee on ,natural ,resources of the ,house of ,representatives2 7,c7 the ,committee on the ,judiciary of the ,senate2 and 7,d7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,covered grant ,the term covered grant means a grant under subsection 7c74 7#c7 ,eligible ,indian ,tribe ,the term eligible ,indian ,tribe means an ,indian ,tribe that submits a written proposal for a covered grant to the ,director in accordance with subsection 7c77#b74 7#d7 ,immediate family member ,the term immediate family member has the meaning given the term in section #aae7;c7 of title #ah1 ,united ,states ,code4 7#e7 ,indian ,the term ,indian means a member of an ,indian ,tribe4 7#f7 ,indian land ,the term ,indian land has the meaning given the term ,indian lands in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb74 7#g7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#h7 ,personally identifying information ,the term personally identifying information has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#cd ,u4,s4,c4 #abbia7;a774 7#i7 ,services to victims of crime ,the term services to victims of crime-- 7,a7 has the meaning given the term in section #adjd2 and 7,b7 includes efforts that-- 7i7 respond to the emotional1 psychological1 or physical needs of a victim of crime2 7ii7 assist a victim of crime in stabilizing his or her life after victimization2 7iii7 assist a victim of crime in understanding and participating in the criminal justice system2 or 7iv7 restore a measure of security and safety for a victim of crime4 7#aj7 ,victim of crime ,the term victim of crime means an individual who has suffered direct physical1 sexual1 financial1 or emotional harm as a result of the commission of a crime4 7b7 ,duties of the ,director ,the ,director shall-- 7#a7 administer the grant program described in subsection 7c72 7#b7 provide planning1 research1 training1 and technical assistance to recipients of covered grants2 and 7#c7 coordinate with the ,office of ,tribal ,justice1 the ,indian ,health ,service1 and the ,bureau of ,indian ,affairs in implementing the grant program described in subsection 7c74 7c7 ,grant program 7#a7 ,in general ,on an annual basis1 the ,director shall make grants to eligible ,indian ,tribes for the purposes of funding-- 7,a7 a program1 administered by one or more ,indian ,tribes1 that provides services to victims of crime1 which may be provided in traditional form or through electronic1 digital1 or other technological formats1 including-- 7i7 services to victims of crime provided through subgrants to agencies or departments of ,tribal governments or nonprofit organizations2 7ii7 domestic violence shelters1 rape crisis centers1 child abuse programs1 child advocacy centers1 and elder abuse programs providing services to victims of crime2 7iii7 medical care1 equipment1 treatment1 and related evaluations arising from the victimization1 including-- 7,i7 emergency medical care and evaluation1 nonemergency medical care and evaluation1 psychological and psychiatric care and evaluation1 and other forms of medical assistance1 treatment1 or therapy1 regardless of the setting in which the services are delivered2 7,,ii7 mental and behavioral health and crisis counseling1 evaluation1 and assistance1 including outpatient therapy1 counseling services1 substance abuse treatment1 and other forms of specialized treatment1 including intervention and prevention services2 7,,iii7 prophylactic treatment to prevent an individual from contracting ,,hiv_/,,aids or any other sexually transmitted disease or infection2 and 7,,iv7 forensic medical evidence collection examinations and forensic interviews of victims of crime-- 7aa7 to the extent that other funding sources are unavailable or insufficient2 and 7bb7 on the condition that1 to the extent practicable1 the examiners and interviewers follow relevant guidelines or protocols issued by the ,state1 unit of local government1 or ,indian ,tribe with jurisdiction over the area in which the examination or interview is conducted2 7iv7 legal services1 legal assistance services1 and legal clinics 7including services provided by pro bono legal clinics and practitioners71 the need for which arises directly from the victimization2 7v7 the training and certification of service animals and therapy animals2 7vi7 equipment for ,braille or ,,tty_/,,ttd machines for the deaf necessary to provide services to victims of crime2 7vii7 restorative justice opportunities that allow victims of crime to meet with the perpetrators if the meetings are voluntarily agreed to by the victim of crime and are for therapeutic purposes2 and 7viii7 training and related materials1 including books1 training manuals1 and training videos1 for staff and service providers to develop skills necessary to offer quality services to victims of crime2 7,b7 the development or implementation of training1 technical assistance1 or professional development that improves or enhances the quality of services to victims of crime1 including coordination between healthcare1 education1 and justice systems2 7,c7 the transportation of victims of crime to-- 7i7 receive services2 or 7ii7 participate in criminal justice proceedings2 7,d7 emergency legal assistance to victims of crime that is directly connected to the crime2 7,e7 the supervision of direct service providers and contracts for professional or specialized services that are related directly to providing services to victims of crime2 7,f7 the repair and replacement of essential items used during the provision of services to victims of crime to contribute to and maintain a healthy and safe environment for the victims2 7,g7 transitional housing for victims of crime1 particularly victims who have a particular need for such housing and cannot safely return to previous housing1 including travel1 rental assistance1 security deposits1 utilities1 and other related costs that are incidental to the relocation to transitional housing2 7,h7 the relocation of victims of crime1 particularly where necessary for the safety and well-being of the victim1 including reasonable moving expenses1 security deposits for housing1 rental expenses1 and utility startup costs2 7,i7 the coordination of activities that facilitate the provision of direct services to victims of crime2 7,j7 a multi-system1 inter-agency1 multi-disciplinary response to the needs of victims of crime2 and 7,k7 the administration of the program and services described in this section4 7#b7 ,eligibility ,an ,indian ,tribe seeking a covered grant shall1 in response to a request for proposal1 submit to the ,director a written proposal for a covered grant1 which shall include-- 7,a7 a description of the need for services and the mission and goals of the activity to be carried out using the grant2 7,b7 a description of how amounts received under the grant would be used2 7,c7 the proposed annual budget for the activities for each fiscal year in which amounts received under the grant may be used2 7,d7 any qualifications1 certifications1 or licenses that may be required for individuals involved in administering the program2 7,e7 a certification by the ,indian ,tribe that1 under the law of that ,indian ,tribe or the law of a ,state to which the ,act of ,august #ae1 #aiec 7#fg ,stat4 #ehh1 chapter #eje7 7commonly known as ,public ,law #bhj7 applies-- 7i7 victims of crime are entitled to the rights and protections described in section #cgga7;a7 of title #ah1 ,united ,states ,code1 or substantially similar rights and protections2 and 7ii7 individuals who report crimes are protected by law from retribution and retaliation2 7,f7 a certification by the ,indian ,tribe that grant funds will be used to supplement and not supplant other ,federal1 ,state1 local1 and ,tribal funds that are used for the purposes described in paragraph 7#a72 7,g7 a description of any plans or agreements to coordinate services among ,federal1 ,state1 local1 and ,tribal governments2 and 7,h7 any additional information required by the ,director through written guidance1 after consultation with ,indian ,tribes4 7#c7 ,no matching requirement ,a recipient or subrecipient of a covered grant shall not be required to make a matching contribution for ,federal dollars received4 7#d7 ,prohibited uses of funds ,a recipient or subrecipient of a covered grant may not use the amounts of the grant for-- 7,a7 salaries1 benefits1 fees1 furniture1 equipment1 and other expenses of executive directors1 board members1 and other administrators1 except as specifically allowed under this section2 7,b7 lobbying and administrative advocacy2 and 7,c7 fundraising activities4 7#e7 ,annual report ,a recipient of a covered grant shall1 on an annual basis1 submit to the ,director an itemized budget with a report describing the purpose for which the grant was used1 which shall include-- 7,a7 the purpose for which grant funds were obligated or spent and the amount of funds obligated or spent by the recipient or subrecipient for each purpose1 including1 on a quarterly basis-- 7i7 the amount of grant funds obligated or spent by the recipient or subrecipient for administrative and operational costs2 and 7ii7 the amount of grant funds obligated or spent by the recipient or subrecipient for direct services2 7,b7 the number of individuals served as a result of the grant2 7,c7 a description1 in the aggregate1 of the types of individuals served1 including-- 7i7 the alleged crime and injury involved2 7ii7 whether the victim is an ,indian2 and 7iii7 the age1 sex1 and ,tribal affiliation of the victim1 if applicable2 and 7,d7 a description1 in the aggregate1 of the general nature and location of the alleged crimes involved1 including-- 7i7 whether the crime was committed on ,indian land2 7ii7 whether the alleged perpetrator is an ,indian2 7iii7 the disposition of the incident2 and 7iv7 all jurisdictions involved in any disposition4 7#f7 ,obligation to report fraud1 waste1 or abuse of grant funds ,a recipient or subrecipient of a covered grant shall immediately report to the ,director any finding of fraud1 waste1 or abuse of grant funds4 7d7 ,protection of crime victim confidentiality and privacy 7#a7 ,annual reports ,in order to ensure the safety of victims of crime and immediate family members of victims of crime1 recipients and subrecipients of covered grants shall protect the confidentiality and privacy of individuals receiving services from the recipient or subrecipient4 7#b7 ,nondisclosure 7,a7 ,in general ,subject to paragraphs 7#c7 and 7#d71 a recipient or subrecipient of a covered grant shall not disclose1 reveal1 or release any personally identifying information collected in connection with any service requested1 used1 or denied through a program of the recipient or subrecipient or require the release of personally identifying information as a condition of eligibility for the services provided by the recipient or subrecipient-- 7i7 regardless of whether the information has been encoded1 encrypted1 hashed1 or otherwise protected2 and 7ii7 subject to subparagraph 7,b7 and the condition that consent for release may not be given by an abuser of the minor1 an abuser of a parent or guardian of a minor1 or an incapacitated individual1 absent the informed1 written1 reasonably time-limited consent of-- 7,i7 the individual about whom information is sought2 7,,ii7 in the case of an emancipated minor1 the minor1 and the parent or guardian2 or 7,,iii7 in the case of legal incapacity1 a court-appointed guardian4 7,b7 ,certain minors and other individuals ,if a minor or individual with a legally appointed guardian may lawfully receive services without the consent of a parent or guardian1 that minor or individual may consent to the release of information under subparagraph 7,a77ii7 without the additional consent of a parent or guardian4 7#c7 ,release ,if the release of information described in paragraph 7#b7 is compelled by a statutory or court mandate1 a recipient or subrecipient of a covered grant shall-- 7,a7 make reasonable attempts to provide notice to victims of crime affected by the disclosure of information2 and 7,b7 take steps necessary to protect the privacy and safety of the individuals affected by the release of the information4 7#d7 ,information sharing ,a recipient or subrecipient of a covered grant may share-- 7,a7 data in the aggregate that is not personally identifying information regarding services to clients and demographics in order to comply with ,federal1 ,state1 ,tribal1 or territorial reporting1 evaluation1 or data collection requirements2 7,b7 court-generated and law enforcement-generated information contained in secure governmental registries for protection order enforcement purposes2 and 7,c7 law enforcement-generated and prosecution-generated information necessary for law enforcement and prosecution purposes4 7#e7 ,statutorily mandated reports of abuse or neglect ,nothing in this subsection shall be construed to prohibit a recipient or subrecipient of a covered grant from reporting suspected abuse or neglect of an individual4 7#f7 ,congressional oversight 7,a7 ,in general ,nothing in this subsection shall be construed to prohibit the ,director from disclosing grant activities authorized by this section to the appropriate committees of ,congress4 7,b7 ,requirements ,the ,director shall ensure that a disclosure under subparagraph 7,a7 protects confidentiality and omits personally identifying information4 7#g7 ,confidentiality assessment and assurances ,a recipient or subrecipient of a covered grant shall document compliance with the confidentiality and privacy requirements of this subsection4 7e7 ,oversight and enforcement authority 7#a7 ,authority ,the ,director shall-- 7,a7 regularly monitor and review covered grants awarded1 which shall include evaluation of quarterly financial reports for victim services grants2 and 7,b7 conduct investigations and audits-- 7i7 to ensure compliance with all applicable ,federal law2 and 7ii7 to prevent duplication and redundancy in the awarding of covered grants4 7#b7 ,performance measures and enforceable agreements ,the ,director shall ensure that all covered grants are subject to performance measures and enforceable agreements that allow for thorough program oversight4 7#c7 ,compliance reports to ,congress ,for the first fiscal year beginning after the date of enactment of this section and each fiscal year thereafter1 the ,director shall submit to the appropriate committees of ,congress an annual compliance report on all covered grants awarded4 7#d7 ,violations 7,a7 ,in general ,if1 after reasonable notice and opportunity for a hearing on the record 7subject to subparagraph 7,b771 the ,director finds that a recipient or subrecipient of a covered grant has failed to comply substantially with any provision of this section or a rule1 regulation1 guideline1 or procedure issued under this section1 a commitment or certification made in the written proposal submitted under subsection 7c77#b71 or the provisions of any other applicable law1 the ,director shall-- 7i7 terminate payments to the recipient2 7ii7 suspend payments to the recipient until the ,director is satisfied that the noncompliance has ended2 or 7iii7 take any other action that the ,director determines appropriate4 7,b7 ,subrecipients ,a subrecipient of a covered grant may not request a hearing under subparagraph 7,a7 but may assist a recipient in providing information during the hearing process4 7f7 ,timelines 7#a7 ,negotiated rulemaking ,not later than #fj days after the date of enactment of this section1 the ,director shall publish a notice in the ,federal ,register to initiate the negotiated rulemaking described in section #c7;b7 of the ,securing ,urgent ,resources ,vital to ,indian ,victim ,empowerment ,act1 which shall be completed not later than #ahj days after that publication4 7#b7 ,request for proposal ,not later than #fj days after the negotiated rulemaking described in paragraph 7#a7 is complete1 the ,director shall publish a request for proposal in the ,federal ,register for covered grants4 7#c7 ,required disbursal ,not later than ,january #ca of each of the first #aj fiscal years beginning after the date of enactment of this section1 the ,director shall disburse competitive grants to ,indian ,tribes in accordance with this section4 7g7 ,availability of grant funds ,any amount awarded under a covered grant that remains unobligated at the end of the fiscal year in which the grant is made may be expended for the purpose for which the grant was made at any time during the #e succeeding fiscal years1 at the end of which period1 any unobligated sums shall remain available to the ,director for award under this section in the following fiscal year4 7h7 ,effect ,nothing in this section prohibits-- 7#a7 an ,indian ,tribe from contracting for the administration of a program or activity funded under this section2 or 7#b7 multiple ,indian ,tribes or ,tribal organizations from forming a consortium for any of the purposes described in this section4 7i7 ,funding 7#a7 ,in general ,the grant program established under this section shall be carried out using amounts made available under section #adjb7;d77#a74 7#b7 ,administrative expenses ,for each fiscal year in which a grant is made or grant funds may be obligated under this section1 the ,director may use not more than #d percent of the amounts made available under this section for-- 7,a7 administration and management of covered grants2 and 7,b7 training and technical assistance4 7j7 ,term ,this section shall be effective for the first #aj fiscal years beginning after the date of enactment of this section4 4 7b7 ,funding for grants for ,tribal victims of crime ,section #adjb7;d7 of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja7;d77 is amended-- 7#a7 by inserting before paragraph 7#b7 the following3 7#a7 ,for each of the first #aj fiscal years beginning after the date of enactment of the ,securing ,urgent ,resources ,vital to ,indian ,victim ,empowerment ,act1 #e percent of the total amount in the ,fund available for obligation during a fiscal year shall be made available to the ,director to make grants under section #adjd;,g4 2 7#b7 in paragraph 7#b77;,a71 by inserting after compliance with paragraph 7#a7 after deposited in the ,fund2 7#c7 in paragraph 7#c77;,a71 in the matter preceding clause 7i71 by striking paragraph 7#b7 and inserting paragraphs 7#a7 and 7#b72 and 7#d7 in paragraph 7#e77;,a71 by inserting 7#a71 before 7#b7 each place that term appears4 #c4 ,regulations regarding ,indian ,tribes 7a7 ,existing regulations ,any regulation1 rule1 or guidance promulgated by the ,director of the ,office for ,victims of ,crime before the date of enactment of this ,act shall have no force or effect with respect to section #adjd;,g of the ,victims of ,crime ,act of #aihd1 as added by section #b4 7b7 ,negotiated rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,office for ,victims of ,crime1 in consultation with the ,secretary of the ,interior and ,indian ,tribes 7as defined in section #adjd;,g of the ,victims of ,crime ,act of #aihd1 as added by section #b7 and through notice and comment negotiated rulemaking1 following the provisions of subchapter ,,iii of chapter #e of title #e1 ,united ,states ,code 7commonly known as the #8,negotiated ,rulemaking ,act of #aiij'71 shall promulgate final regulations carrying out section #adjd;,g of the ,victims of ,crime ,act of #aihd1 as added by section #b4 7#b7 ,requirements ,the ,director of the ,office for ,victims of ,crime shall ensure that-- 7,a7 not fewer than #b ,indian ,tribes from each ,bureau of ,indian ,affairs region participate in the consultation2 and 7,b7 small1 medium1 and large land-based ,indian ,tribes are represented4